Legal Opinion

Patten v. Pepper Hotel Co.

California Supreme Court

Decided April 29, 1908No. L.A. Nos. 1973, 1993PublishedCited by 21 opinions

The facts are stated in the opinion of the court. Percy B. Lloyd, for Plaintiffs, Respondents and Appellants. E. C. Bower, and Enoch Pepper, for Pepper Hotel Company, Appellant.

1Opinion of the CourtLorigan, J.

This action was brought by the plaintiffs as second assignees and pledgees of a note and mortgage to foreclose said mortgage.

The complaint alleged that on August 25, 1903, Coonrod Smith (not a party to the action) executed to the defendant Abbie E. Barr a promissory note for sixty thousand dollars payable five years after its date and to secure its payment also executed a mortgage in her favor on the property described in the complaint. The note set forth in the complaint provided for the payment of interest quarterly and contained an option in favor of the holder of the same to declare the…

2Cases cited5 opinions

  1. Freeman v. . AuldNew York Court of Appeals · 1870
  2. Trinity County Bank v. HaasCalifornia Supreme Court · 1907
  3. Pratt v. NixonSupreme Court of Alabama · 1890
  4. Fletcher v. DennisonCalifornia Supreme Court · 1894
  5. Price v. PollockIndiana Supreme Court · 1874

3Cited by21 opinions

  1. Barkis v. ScottCalifornia Supreme Court · 1949
  2. Barkis v. ScottCalifornia Supreme Court · 1949
  3. Cahill v. E. B. & A. L. Stone Co.California Supreme Court · 1914
  4. Young v. VailNew Mexico Supreme Court · 1924
  5. Wienke v. SmithCalifornia Supreme Court · 1918

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